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Inadequate Security

Inadequate Security
If you have been injured on the property of a business, be it a hotel, apartment complex, restaurant or store, as a result of a criminal act of a third party, then you may have a claim for inadequate or negligent security. Negligent security claims or premises security liability refers to civil liability for the harm to a person imposed on owners or operators of businesses for the foreseeable criminal act of a third person.

Unfortunately, the failure to have adequate security results in devastating and life changing events for the victims of these crimes. The most significant injuries are often not physical, but the emotional and psychological impact of being the victim of a violent crime. In Georgia, crime victims may recover against negligent property owners for not only their physical injuries and medical expenses, but also for the mental and emotional injuries they suffer from these crimes.

Inadequate security claims have become the fastest growing area of tort liability. Rape and sexual assault account for the majority of these claims. However, claims may be made for any criminal act, including, but not limited to, murder, robbery, burglary or assault.

Liability for inadequate or negligent security is premised on the question of foreseeability. Property owners are required to take the risk of crime into consideration when managing the day-to-day affairs of their businesses. Thus, they have some duty to be aware of criminal activity on their premises, and to take measures to protect against crime. The general rule is that property owners must be aware of the risk or should have been aware of the risk before they must take adequate measures to prevent it. For instance, if there have been a significant number of similar crimes on or near the property, then the property owner may be held liable for failing to take appropriate measures to protect against the known criminal activity. Even if the property owner is unaware of these crimes, they may be held liable if they failed to act reasonably to learn about criminal activity on or near their property or business.

The duties of a property owner generally fall into three categories in this area: administrative, interior security and external security. First, owners should have an adequate system for reporting and collecting data about criminal activity on the premises. Owners should have a security policy and procedure in place. They should pre-screen employees and adequately train and supervise employees.

Based on the amount of security required, owners may have an obligation to maintain locks, keep control of master keys and spare keys, control building access, install security systems and maintain adequate interior lighting. Finally, owners should have some control over access to their premises, maintain adequate exterior lighting in parking areas and access areas, control overgrown foliage and, if necessary, hire exterior security personnel. Liability often results when the property owner does not have an awareness of the crime risks or ignores the evidence of crime, and then does not integrate a security practice into the everyday management of the facility.

Due to the time limitations for pursuing claims of inadequate security, it is important to learn of your legal rights as soon as possible or your rights may be lost. If you believe that you may have a claim for inadequate security and want to discuss your claim with an attorney, please click here to speak with an attorney at the Katz law firm for a free, private consultation.

Client Reviews
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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
★★★★★
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
★★★★★
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
★★★★★
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
★★★★★
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
★★★★★
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
★★★★★
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
★★★★★
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
★★★★★
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
★★★★★
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
★★★★★
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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